Rented Property - Garden Maintenance

fallin123

I rented a house for a year that had a garden. The garden was overgrown and untidy when we moved in. There was nothing in the tenancy agreement that stated we were responsible for maintenance of the garden and we weren't supplied with any tools to do so either. We regularly cut the grass for the year we lived there and tried to keep the garden reasonably tidy. When we moved out the garden was arguably in worse condition than when we moved in and as such the landlord is seeking to withhold £250 from our deposit to cover the cost to strim and cut the grass, spray weed and tidy back garden. We feel that we shouldn't be held responsible for this as we weren't explicitly obligated to do so in the tenancy agreement and were not provided with tools to do so. Who has responsibility for the garden if it is not explicitly stated in the tenancy agreement?

Out,_Vile_Jelly

Is the state of the garden mentioned on the inventory? If not, the LL may struggle to claim costs. Dispute it with the deposit holder.

fallin123

No, there are photos of the garden before and after but not mention in either of the condition of the garden. Furthermore the photos for the check in were not taken on the day we moved in but beforehand. There is a washing machine in the photos that had been changed by the time we moved in as proof of this.

Pixie5740

If the garden was overgrown and untidy when you moved in and the condition wasn't mentioned in the inventory then your landlord is on a hiding to nothing. Decline his proposed reduction and claim your full deposit back.

DaftyDuck

I don't agree with Pixie on this one. You appear to agree "When we moved out the garden was arguably in worse condition than when we moved in and as such the landlord is seeking to withhold £200 from our deposit of £550 to cover the cost to strim and cut the grass, spray weed and tidy back garden....."

There appears to be an inventory of sorts, photos. If the contract explicitly stated you didn't need to maintain the garden, I'd agree. However, you rented the house & garden, and both have to be returned in the same state. If you haven't weeded, and haven't kept plants in trim, that remains your responsibility.

Of course, you can dispute the level of deduction... or, if the photos don't demonstrate the worse condition, claim the lot. However, the responsibility for garden maintenance remained yours, equipment or not.

G_M

Dafty Duck is right.

* the garden is part of the property you rented. Unless otherwise specifically stated (eg the landlord pays a gardener) it should be maintained, just as the house should

* lack of tools is no excuse. Few landlords provide vacuum cleaners, yet it is expected the tenants will vacuum, if not during, certianly at the end of, the tenancy

* the garden by your admission is in a worse state now than when you moved in.

* a deduction is justified

* whether the LL would win a dispute is another matter, since you might lie and claim the garden is NOT now in a worse condition, and the LL may have inadequate evidence. Though there are apparantly photos. And perhaps witness statements etc

Pixie5740

The garden was overgrown and untidy at the start of the tenancy. Even if the condition was worse at the end of the tenancy it still sounds like the landlord is going for betterment.

Edit: I agree about gardening tools being like a vacuum cleaner.

fallin123

With regards to the vacuum cleaner comment there is a specific mention in our tenancy agreement to vacuum on a monthly basis. There is no onus on us to cut the grass in the tenancy agreement. I don't think this a fair parallel to draw, every house needs a vacuum or similar to be kept clean and tidy not every house needs a lawnmower.

I also noted that the garden is in arguably a worse state than when we moved in, as stated the garden was overgrown and untidy when we moved in. To cover the cost of upkeep of the garden now would be betterment as highlighted by pixie5740.

A deduction may be warranted, G_M, but not for the full cost. The OFT states that as the landlord has the long term benefit of the garden they should bear the greater burden of the cost.

Mallotum_X

You rented the garden and by your own admission didn't keep it tidy.

Whether the agreement said you should vacuum or not is irrelevant. If it didn't mention wiping your backside would you not bother...

Why don't you offer to go round now and tidy it up now. Save the money by spending an afternoon cutting back anything you let get overgrown and mow the grass. Unless its a huge garden its not going to take long for a bit of a tidy up.

jjlandlord

I think the agreement is relevant.

If the agreement states that the tenant must maintain the garden and keep it neat and tidy then that is what the tenant must do irrespective of how the garden was when he moved in.

However, if the agreement is silent then there is no obligation for the tenant to return the garden in a better condition than it was when he moved in.

fallin123

Mallotum_X wrote: »

Whether the agreement said you should vacuum or not is irrelevant. If it didn't mention wiping your backside would you not bother...

Again this isn't really a fair parallel, the agreement explains my obligations towards the property as such anything beyond the agreement I am not responsible for.